A crime is… Against the law Against morality Harmful to society punishable

A crime is… A crime is an act or an omission that is against an existing law, harmful to an individual or society as a whole and punishable by law. What constitutes a crime may change over time and between cultures: A tourist couple in Dubai received a six-month jail term (suspended for three years) for French kissing in public. Public displays of sexuality are prohibited in the United Arab Emirates.

Against the law For a crime to have been committed, the act or omission must be against an existing law. Act: the act of theft is a crime Omission: it is illegal to conceal the birth of a dead child.

Against morality Morality is the system of values we all have based on a sense of what is right and what is wrong. Example: most people think it is wrong to kill another person

Harmful to an individual or society When a crime is committed there is usually a victim– someone who is harmed as a result of the crime. The harm may be physical, mental or financial A crime can harm society as a whole if it goes against what most people believe is acceptable behaviour, and it can affect others in society. Example: Drug abuse is considered to be a ‘victimless crime’ but it is generally seen as harmful to society as whole.

Punishable Committing a crime is different from breaking a non-legal rule because a person who has committed a crime can be punished through the courts as a consequence. Example: if you break the law You could go to prison.

Elements of a crime: both must be present in order to convict a person of a crime actus reas Guilty act No matter how much someone has thought about committing a crime– if they do not act upon those thoughts, then no offence has been committed. mens rea Guilty mind Even if a crime has been committed, if the person did not intend to do it, he/she cannot be convicted of having committed the crime

Principles of criminal liability Burden of proof Strict liability crimes Standard of proof Presumption of innocence Age of criminal responsibility Participants in crime Accessory to a crime

Strict liability crimes Some crimes are strict liability crimes. This means that there is no necessity to prove intention to commit the crime (mens rea) for a person to be found guilty. It is sufficient for the person to have committed the act which is against the law. Strict liability claims include: Traffic offences Serving liquor to underage persons

Presumption of innocence A person is presumed to be innocent until he or she is proved to be guilty. Everyone is entitled to be treated as innocent. The burden is placed on the prosecution to prove guilt and a person cannot be found guilty of a crime until there is sufficient evidence to prove that the person committed the crime beyond reasonable doubt. This protects individuals from being arrested and treated as if they are guilty and is consistent with the rules of natural justice.

Age of criminal responsibility It is presumed that a child under the age of 10 years cannot form the intention to commit a crime. A child less than 10 years cannot, therefore, be charged with committing a crime. It is also assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime. This is known as the legal principle of doli incapax. This principle can be overturned if it can be shown that the child has a mischievous disposition and knowledge that what he or she was doing was wrong.

Participants in crime A person or offender who has been accused of a crime is referred to as the accused. T The person who has been injured as a result of the criminal act is known as the victim An accessory is a person who knows or believes the accused to be guilty of an offence, yet impedes their apprehension, prosecution, conviction or punishment.